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  #1 (permalink)  
Old 09-14-2009, 09:01 PM
Junior Member
Priority Date
:
Oct-04
Category
:
EB2
I140 Mailed Date
:
10/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/10/2007
Compare
Join Date: Sep 2008
Posts: 3
ummeed is on a distinguished road
Default 2 EB2-I I-485 cases primary and derivative filed at NSC.

I received my GC today as derivative beneficiary thru my spouse's I-485- EB2-I-Oct-04 PD.
My employer also had filed I-485 application for me as primary Eb2-I-March-06 PD and spouse as derivative.

I was laid off in sept.'08 from my employer who had filed my GC.
I switched to another employer on EAD that was filed thru my spouse's GC process of EB2-I-Oct'04 PD.
I had received RFE on my spouse's application filed thru my EMPLOYMENT of march'06 PD, in June'09.
This RFE came to my former lawyer/employer who promptly emailed me and also fed-exed the actual RFE.
I responded RFE myself as former lawyer will not be responsible, thus Eb2-march'06-PD case processing got resumed on 06/10/09.

since there is no guranee in what sequence dates move forward, cases get picked up and approved,
I did not want to ruin my odds of getting GC.


now I wonder -
should I explicitly inform USCIS that I am already permanent resident and was approved as derivative
beneficiary thru my spous'e Eb2-I-I485 application thus my I-485 application as primary thru former employer should be cancelled?
Or
it is obvious since I got laid of from my GC-filer's employment and I switched to EAD thru my spouse's GC process.
That I -485 is anyway no more relevant as job-offer does not exist ?

I would need your help in handling the second case carefully without confusing with the approved one.
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  #2 (permalink)  
Old 09-14-2009, 10:48 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Sep 2006
Posts: 776
roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

Quote:
Originally Posted by ummeed View Post
I received my GC today as derivative beneficiary thru my spouse's I-485- EB2-I-Oct-04 PD.
My employer also had filed I-485 application for me as primary Eb2-I-March-06 PD and spouse as derivative.

I was laid off in sept.'08 from my employer who had filed my GC.
I switched to another employer on EAD that was filed thru my spouse's GC process of EB2-I-Oct'04 PD.
I had received RFE on my spouse's application filed thru my EMPLOYMENT of march'06 PD, in June'09.
This RFE came to my former lawyer/employer who promptly emailed me and also fed-exed the actual RFE.
I responded RFE myself as former lawyer will not be responsible, thus Eb2-march'06-PD case processing got resumed on 06/10/09.

since there is no guranee in what sequence dates move forward, cases get picked up and approved,
I did not want to ruin my odds of getting GC.


now I wonder -
should I explicitly inform USCIS that I am already permanent resident and was approved as derivative
beneficiary thru my spous'e Eb2-I-I485 application thus my I-485 application as primary thru former employer should be cancelled?
Or
it is obvious since I got laid of from my GC-filer's employment and I switched to EAD thru my spouse's GC process.
That I -485 is anyway no more relevant as job-offer does not exist ?

I would need your help in handling the second case carefully without confusing with the approved one.
One of my friends was in a similar situation. He filed I-485 for self and spouse in EB-3 category with PD Aug 2004. His wife filed I-485 for self and my friend in EB-2 with PD May 2004. Since wife's PD was current, I-485s filed with EB-2 PDs got approved last week and TSC automatically denied the EB-3 I-485s at the same time....

So I would guess, your pending I-485s will be denied sometime soon as well.....
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  #3 (permalink)  
Old 09-15-2009, 08:30 PM
Junior Member
Priority Date
:
Oct-04
Category
:
EB2
I140 Mailed Date
:
10/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/10/2007
Compare
Join Date: Sep 2008
Posts: 3
ummeed is on a distinguished road
Default thank you.

thank you roseball for your response and sharing your friend's experience. it is bit relieving to see USCIS would do it seamlessly.

also, i had noticed LUDs changed on all 4 cases of I-485 on 09/04/09, the day next to when we received CPO email of approved case.
however the online status seemed unchanged for pending cases
later we saw LUD changed from 09/04 to 09/10 only on approved I-485s resulting on receipt of plastic green cards.

looks like denial on another set may be in the works.
also, with acquisition of my former employer by another company invalidates even that company's I-140 as well. so looks like it will be a denial but happy one. :-)
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